What if ex-wife passes away with her name on my dad’s truck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What if ex-wife passes away with her name on my dad’s truck?
My dad passed away last month; he did not have a Will. He did not have anything so my brothers, sister and I are not goning to open a succession. Problem is he had a truck in his and his ex-wive’s name and also a camper. The truck is paid off and is worth about $20,0000; there is $22000 owed on the camper which is also in both their names.
Asked on June 20, 2012 under Estate Planning, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. Generally speaking, property that is jointly held between husband and wife passes from one to the other automatically (called "by operation of law") when one of the parties passes away. Here, though, there is the ex wife and not the wife. So the divorce decree will come in to play which makes this question a complicated one. Please seek out legal help in your area. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.